Court orders release of ex-Columbia University activist Mahmoud Khalil

Judge Orders Release of Former Activist

On Friday, a federal judge mandated the release of Mahmoud Khalil, a green card holder from Columbia University and a former pro-Palestinian activist, who has been in custody for over three months.

US District Judge Michael Fabiartz stated that Khalil was not a “complete suspension” regarding flight risk or danger to the community. He deemed it “very, very rare” that the government would still pursue Khalil’s detention under the circumstances.

“Together, they suggest that there is an effort here to punish the petitioner with immigration charges. That would be unconstitutional,” the judge remarked.

The specific conditions for Khalil’s release from a Louisiana prison weren’t immediately clear, as the government expressed a need for “time to consult.” Khalil’s attorney mentioned agreement to “reasonable terms.”

His detention marked the start of the Trump administration’s crackdown on foreign students, which was tied to pro-Palestinian activities at universities—an issue Secretary of State Marco Rubio labeled a threat to the nation’s foreign policy.

During his time in immigration and customs enforcement custody, Khalil missed the birth of his first child.

Khalil’s lawyers claimed his situation was “unique” due to the government’s intentions in detaining him. Although he has no criminal record, he had taken on the role of chief negotiator for the pro-Palestinian faction in Colombia last spring.

“We’ve seen many individuals face significant challenges with us,” stated Alina Dass, one of Khalil’s attorneys and co-directors at New York University’s Immigration Rights Clinic.

Judge Fabiartz had previously ordered Khalil’s release after the government acknowledged it could no longer hold him based on claims he posed a threat to foreign policy. However, following a shift from the Trump administration emphasizing the potential for his continued detention, the judge adjusted his stance while Khalil pursued his application for permanent residency.

The Justice Department argued Khalil should remain in custody until an immigration judge could assess the matter, claiming jurisdiction was lacking. Yet, Fabiartz disagreed, asserting that forwarding the case to an immigration judge—who might come to the same conclusion—would be a “waste of time.”